Motion Computing FWS-DS1 - Manual (Page 7)

5 English
Limited Warranty
This Limited Warranty applies to the Motion-branded
hardware products sold by or leased from Motion
Computing, Inc., its worldwide subsidiaries, affiliates,
authorized resellers, or country distributors (collectively
referred to in this Limited Warranty as “Motion”) with this
Limited Warranty (“Motion Product”).
These terms and conditions constitute the complete and
exclusive warranty agreement between you and Motion
regarding the Motion Product you have purchased or
leased. These terms and conditions supersede any prior
agreements or representations, including representations
made in Motion sales literature or advice given to you by
Motion or an agent or employee of Motion that may have
been made in connection with your purchase or lease of
the Motion Product. No change to the conditions of this
Limited Warranty is valid unless it is made in writing and
signed by an authorized representative of Motion.
Warranty disclaimer
EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED
WARRANTY AND TO THE GREATEST EXTENT ALLOWED BY
LAW, MOTION MAKES NO OTHER REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING ANY IMPLIED REPRESENTATIONS, WARRANTIES
OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, AND NON-
INTERFERENCE. MOTION DOES NOT WARRANT THAT YOUR
USE OF THE MOTION PRODUCT WILL BE UNINTERRUPTED
OR ERROR-FREE. ANY IMPLIED WARRANTIES THAT MAY BE
IMPOSED BY LAW ARE LIMITED IN DURATION TO THE
LIMITED WARRANTY PERIOD, TO THE GREATEST EXTENT
ALLOWED BY LAW. SOME STATES OR COUNTRIES DO NOT
ALLOW A LIMITATION ON HOW LONG AN IMPLIED
WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES,
SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED
WARRANTY MAY NOT APPLY TO YOU.
Warranty period
Customer satisfaction is of the utmost importance to
Motion Computing. Each Motion Estação de acoplamento
ships with a one-year limited warranty which covers the
Tablet PC, hard drive, memory, and select accessories. Two-
year and three-year standard limited warranties are
available and cover only the Tablet PC, hard drive, and
memory.
The warranty period for this Motion Product is one (1) year
from the date of purchase or longer if you have an
extended warranty. The Limited Warranty Period starts on
the date of purchase or lease from Motion. Your dated sales
or delivery receipt, showing the date of the purchase or
lease of the product, is your proof of the purchase or
release date. You may be required to provide proof of
purchase or lease as a condition of receiving warranty
service.
Warranty coverage
Motion warrants that the Motion Product and all the
internal components of the product that you have
purchased or leased from Motion are free from defects in
materials or workmanship under normal use during the
Limited Warranty Period. You are entitled to warranty
service according to the terms and conditions of this
document if a repair to your Motion Product is required
within the Limited Warranty Period. This Limited Warranty
extends only to the original purchaser or lessee of this
Motion Product and is not transferable to anyone who
obtains ownership or use of the Motion Product from the
original purchaser or lessee.
Repair or replacement
Motion products are manufactured using new materials or
new and used materials equivalent to new in performance
and reliability. Spare parts may be new or equivalent to
new. Spare parts are warranted to be free from defects in
material or workmanship for thirty (30) days or for the
remainder of the Limited Warranty Period of the Motion
Product in which they are installed, whichever is longer.
During the Limited Warranty Period, Motion will repair or
replace the defective component parts or the Motion
Product. All component parts or hardware products
removed under this Limited Warranty become the
property of Motion. The replacement part or product takes
on either the Limited Warranty status of the removed part
or product or the thirty (30) day limited warranty of the
spare part. In the unlikely event that your Motion Product
has a recurring failure, Motion, at its discretion, may elect
to provide you with a replacement unit of Motion's
choosing that is at least equivalent to your Motion Product
in hardware performance. Motion reserves the right to
elect, at its sole discretion, to give you a refund of your
purchase price or lease payments (less interest) instead of a
replacement. THIS IS YOUR EXCLUSIVE REMEDY FOR
DEFECTIVE PRODUCTS. HOWEVER YOU MAY ALSO HAVE
OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR
FROM COUNTRY TO COUNTRY.
Warranty exclusions
This Limited Warranty does not extend to:
a. Expendable parts;
b. Any product from which the serial number has been
removed or altered;
c. Cosmetic damage or ordinary wear and tear;
d. Damage or non-functionality that results from (i) failure
to follow the instructions that came with the product;
(ii) accident, misuse, abuse, or other external causes; (iii)
operation outside the usage parameters stated in the
then current user documentation for the product; or (iv)
use of parts not manufactured or sold by Motion; or
e. Damage or non-functionality due to modifications or
service by anyone other than (i) Motion, (ii) a Motion
authorized service provider, or (iii) your own installation
of end-user replaceable Motion or Motion-approved
parts.
Limitation of liability
IF YOUR MOTION PRODUCT FAILS TO WORK AS
WARRANTED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY
SHALL BE REPAIR OR REPLACEMENT. MOTION'S MAXIMUM
LIABILITY UNDER THIS LIMITED WARRANTY OR RELATED IN
ANY WAY TO THE MOTION PRODUCT IS EXPRESSLY LIMITED
TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE
PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF
ANY HARDWARE COMPONENTS THAT MALFUNCTION IN
CONDITIONS OF NORMAL USE.
MOTION SHALL NOT BE LIABLE FOR ANY DAMAGES
CAUSED BY THE PRODUCT OR THE FAILURE OF THE
PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR
SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL